The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. According to the records of the court’s scope of trial in this Court, the defendant filed an appeal after being sentenced to four months of embezzlement by the Incheon District Court on June 28, 2018, one year of suspended execution (hereinafter “relevant conviction”) and being sentenced to one year of conviction by the court of Incheon District Court (hereinafter “relevant conviction”); the court of appeal (No. 2267, Jul. 23, 2018; hereinafter the defendant submitted a written withdrawal of appeal against the relevant conviction on August 8, 2018).

According to the above facts, since the judgment of conviction was separated and finalized, only the part of the judgment below falls under the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year of imprisonment with prison labor and two years of suspended sentence) is too uneasy and unreasonable.

3. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

According to the records, the defendant appealed from the Incheon District Court on June 28, 2018 after being sentenced to four months of embezzlement and one year of suspended execution. However, the above appeal was withdrawn on August 8, 2018 and the above judgment became final and conclusive.

Therefore, since the crime of this case, which was committed before the day when the judgment of the court below became final and conclusive, and the crime of the previous conviction of this case, which became final and conclusive, are concurrent crimes by the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined with regard to the crime of this case after considering equity and the mitigation or exemption of punishment, in accordance with Article 39(1) of the Criminal Act, after examining whether to render a concurrent judgment (see Supreme Court Decision 2008Do209, Oct. 23, 2008). As above, a judgment with relation to the crime of this case and the latter part of Article 37 of the Criminal Act has become final and conclusive after the pronouncement of the judgment of the court below, and on such reason, the court below takes into account equity and mitigation or exemption of the punishment.